Casa and Commonwealth power to legislate
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Join Date: Apr 2011
Location: Victoria
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Casa and Commonwealth power to legislate
Sunfish,:
"CASA has no power to control airshows, to the degree that any legislation administered by CASA that seeks to control airshows is unconstitutional".
Quite simply (nothing to do with Constitutional interpretation is ever simple) and unlike many/most other countries, the Commonwealth of Australia has, in fact, very limited powers over aviation.
In a nutshell, aviation is "state's rights", not the Commonwealth Government.
The Commonwealth power, such as it is, depends on the treaty making powers of the Commonwealth under the constitution, if it isn't in an aviation treaty (Chicago et al) CASA (the Commonwealth) has no power.
Show me the "airshow/fly-in" provisions of any aviation treaty.
Let's see what this brings out of the woodwork??
"CASA has no power to control airshows, to the degree that any legislation administered by CASA that seeks to control airshows is unconstitutional".
Quite simply (nothing to do with Constitutional interpretation is ever simple) and unlike many/most other countries, the Commonwealth of Australia has, in fact, very limited powers over aviation.
In a nutshell, aviation is "state's rights", not the Commonwealth Government.
The Commonwealth power, such as it is, depends on the treaty making powers of the Commonwealth under the constitution, if it isn't in an aviation treaty (Chicago et al) CASA (the Commonwealth) has no power.
Show me the "airshow/fly-in" provisions of any aviation treaty.
Let's see what this brings out of the woodwork??
i have complained to the Australian Information Commissioner about a significant breach of my privacy effected by the publication of my personal details to the whole world in the guise of its register of aircraft owners which is published on the www.. I have no problem with a register. I have no problem with the information contained therein being available to other Government bodies potentially having need for it.
But I object strenuously to every Tom, Dick and Harriet being able to see that I own an aircraft and my address while they research their next home invasion. There is absolutely no safety case to justify telling the world. RAAus understand their privacy obligations. State Roads Authorities understand their obligations, too. CASA says it can because it wrote itself a regulation requiring it to do so. That is just plain arrogance.
i think this is a very appropriate area in which to challenge the way they do business and hope others will make a similar complaint.
kaz
Join Date: Apr 2008
Location: Australia
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CASA are not very good at following rules themselves, and seem to have no real concept of privacy.
For example, I am certain that the new Medical Records System doesn't follow Australian requirements for handling sensitive medical information. They send a link to the system by email, without any userid/password protection. This means that:
For example, I am certain that the new Medical Records System doesn't follow Australian requirements for handling sensitive medical information. They send a link to the system by email, without any userid/password protection. This means that:
- If you use your work email for CASA business, it is likely that your employer can access your medical records.
- Your email provider e.g. ISP, Google etc. can access your medical records
- Gmail has allows 3rd party app developers to read people's email. (If they provided permission, but frequently people do not understand the permission they are giving.) It seems like in some cases that included outsourcing reading emails to low paid workers to provide "simulated AI'. They would also be able to access your medical records.
